Jury clears Dulin of murder in DeJarnett shooting

Acquits on basis of self-defense

EVANSVILLE - A Vanderburgh Circuit Court jury on Thursday cleared 28-year-old Jerry Dulin II of criminal charges in connection with the March 5, 2013, shooting death of Donnie DeJarnett.

After deliberating for nearly four hours, jurors returned with a not-guilty verdict, acquitting Dulin of murder in connection with DeJaranett's death. The acquittal verdict was based on self-defense.

Members on both Dulin's and DeJarnett's families attended much of the trial, which began Tuesday and concluded shortly after 2 p.m. Thursday. Dulin chose not to testify.

Several witnesses appeared uncomfortable testifying during the proceedings, prompting Deputy Prosecutor Levi Burkett to say during his final argument that, "There was so much tension you could taste it."

At another point, family members got into a heated verbal exchange outside the courtroom Thursday morning.

The shooting occurred as DeJarnett was driving on Riverside Drive with Dulin and another man, Antonio Moss, as passengers. He was shot once in the head from behind after turning onto New York Avenue from Riverside Drive.

The Ford Explorer then went off the road and through several yards before crashing into a tree at the corner of New York and Sweetser avenues. Police found and detained Dulin and Moss, who left the scene in separate directions, within about 12 minutes of the crash.

After telling police officers several versions of events, Dulin finally told detectives he shot DeJarnett because he feared for his life and the safety of his family.

Burkett argued to the jury that Dulin that self-defense could not be justified by the circumstances and that Dulin was in no immediate danger when he shot DeJarnett.

He said Dulin only claimed self-defense after it was suggested to him by Detective Tony Mayhew during questioning in an attempt to get Dulin to tell him what really happened.

"Even if you believe his final story, he is still not justified by self-defense under the law," Burkett said.

Defense attorney Barry Blackard gave a passionate closing argument for self-defense, saying that Dulin did feel threatened and that he was not in control of the situation in the vehicle.

"I told you on Tuesday, this case is about self-defense. I stand by it. This is not a murder case," he said. "It's what the defendant believes, not you or anyone else. You have to take into account everything you heard and put yourself in the defendant's shoes that day."

Witnesses and police testified that there was a dispute about a missing package that had reportedly been delivered to the house of Antonio Moss's father, Timothy Moss — who did not testify at the trial.

"What was in the box, where it came from, is all speculation at this point," Blackard said.

Detective Jennifer Cueto testified that police were never able to find the missing box or any record that a package had been delivered to Timothy Moss around that time.

Two of Dulin's sisters, Desiree Wilson and Sheika Dulin, testified that DeJarnett, Antonio Moss and Timothy Moss came to their homes looking for Dulin, threatening his life if he didn't return something and that DeJarnett had a gun.

The jury listened to a recording of a voice-mail message left on the phone of another sister, Crystal Harris, in an accidental call from Dulin's phone moments before the shooting and crash.

In it several men could be heard having an animated discussion about the package. A voice which Blackard said was apparently DeJarnett's could be heard could be heard saying statements such as: "I (expletive) with Mexicans in L.A. They will kill over it."

The voice also said, "Like I told your sister, ain't nobody threatening cause we don't make threats. We make it happen."

"At that point it went from ‘they' to ‘we,'" Blackard said.

He said when DeJarnett turned and Dulin saw a pistol in his waistband, that Dulin reached over from the back seat, grabbed it and fired.

But Burkett argued Dulin had the gun all along and that he fired out of anger.

"He killed not because he was scared but because he was mad that he had been disrespected. That's not justified. That's murder," he said.

He noted that police found multiple bullet holes inside the vehicle and that witnesses to the crash had testified to seeing him standing with the gun outside the crashed vehicle and shooting it.

An Indiana State Police technician testified both men's DNA was found on the handle and trigger of the gun.